Haroon Rasheed vs State of Kerala and Excise Inspector

Thomas P. Joseph, J.—Petitioner is the 2nd accused, in Crime No. 36 of 2013 of the Excise Enforcement and Anti Narcotic Special Squad, Ernakulam for the offences punishable under Sec. 22(b)(ii)(B) and Sec. 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for alleged possession of 150 gms. of ganja for sale, is in custody from 25.09.2013 and seeks bail. Learned counsel has pointed out that since final report is no so far filed, petitioner is entitled to get bail as provided under Sec. 167(2) of Code of Criminal Procedure.

Learned Public Prosecutor has submitted that the final report is not so far filed. In the circumstances the petitioner has to be released on bail but, subject to stringent conditions since presence of the petitioner who belongs to Assam has to be ensured for further investigation and trial of the case.

Resultantly, the application is allowed as under.

Petitioner is granted bail in Crime No. 36 of 2013 of the Excise Enforcement and Anti Narcotic Special Squad, Ernakulam and shall be released (if not required to be detained otherwise) on his executing bond for Rs. 25,000/- (Rupees Twenty five thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions.

Petitioner and the sureties shall produce attested photo copies of their Identity Cards before the learned magistrate while executing the bail bond.

Petitioner shall report to the officer investigating Crime No. 36 of 2013 of the Excise Enforcement and Anti Narcotic Special Squad, Ernakulam on every alternate day (beginning from the date of his release on bail) between 4 p.m. and 5 p.m. until otherwise ordered by the learned magistrate or culmination of the case, whichever is earlier.

Petitioner shall not, until culmination of the case or until otherwise ordered and except with the permission of the learned magistrate go beyond local limits of the Excise Inspector, Excise Enforcement and Anti Narcotic Special Squad, Ernakulam.

Petitioner shall report to the officer investigating the case as and when required for interrogation.

Petitioner shall not get involved in any offence during the period of this bail.

In case any of the above conditions is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji @ Thammanam Shaji Vs. State of Kerala,